More interesting info for RMBS longs......
A Patent attorney comments on Micron Complaint:
messages.yahoo.com.
"Re: 1990 isn't all she wrote.....Patents
by: itclyr 8/31/00 2:49 pm
Msg: 155280 of 155298
Popeye, part of "doing your research" is knowing what you're talking about, and you don't. Try to follow:
For 7 of the 8 the patents at issue, the entire specification of the patent (the written part excluding the claims at the end of the patent) is EXACTLY as filed on April 18, 1990. The patent office would only allow RMBS to file "continuation" applications (which use the same specification)to obtain the additional patents if the subject matter was already disclosed in the original patent application. By even issuing the patents, the PTO has already decided they were present as of April 18, 1900.
It is perfectly legal (and most companies with good patent counsel do so WHENEVER possible), if you have filed a patent application years ago, and suddenly see other people using the concepts you invented and already disclosed to the patent office, to file a continuation application to claim the subject matter you invented but did not yet claim. This is possible ONLY if you have applications still pending, which RMBS did.
The issues appear to be 1) whether the JEDEC membership agreement required RMBS to disclose all pending applications and if so 2) whether the other JEDEC members reasonably believed that RMBS had done so and relied on that fact to their detriment. Proving (2) is going to be difficult even if (1) is true, because even MU concedes, (in paragraph 64 of the complaint) that upon withdrawing from JEDEC Rambus "stated that 'Rambus has also applied for a number of additional patents in order to protect Rambus technology.'"
Translation: Okay, JEDEC, we've recently been apprised by the FTC's Dell decision that membership in this group is not healthy for our patent rights, and since that is all we have, we're withdrawing now. Please bear in mind as you work towards your standard that we have patents pending and you practice the standard at your peril. Your friends at Rambus.
Under those circumstances, it's hard to argue that any JEDEC member has a reasonable basis for claiming surprise now.
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